[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Notices]
[Pages 20376-20379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07864]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0025]


Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemptions; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 27 individuals 
for exemption from the vision requirement in the Federal Motor Carrier 
Safety Regulations. They are unable to meet the vision requirement in 
one eye for various reasons. The exemptions will enable these 
individuals to operate commercial motor vehicles (CMVs) in interstate 
commerce without meeting the prescribed vision requirement in one eye. 
If granted, the exemptions would enable these individuals to qualify as 
drivers of commercial motor vehicles (CMVs) in interstate commerce.

DATES: Comments must be received on or before May 6, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2013-0025 using any of the 
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket numbers for this notice. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day, 365 
days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review DOT's Privacy Act Statement for the Federal Docket 
Management System (FDMS) published in the Federal Register on December 
29, 2010 (75 FR 82132), or you may visit http://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical 
Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the Federal Motor Carrier Safety Regulations for a 2-year period 
if it finds ``such exemption would likely achieve a level of safety 
that is equivalent to or greater than the level that would be achieved 
absent such exemption.'' FMCSA can renew exemptions at the end of each 
2-year period. The 27 individuals listed in this notice have each 
requested such an exemption from the vision requirement in 49 CFR 
391.41(b)(10), which applies to drivers of CMVs in interstate commerce. 
Accordingly, the Agency will evaluate the qualifications of each 
applicant to determine whether granting an exemption will achieve the 
required level of safety mandated by statute.

Qualifications of Applicants

Glenn Blanton

    Mr. Blanton, age 64, has had amblyopia in his right eye since 
childhood. The visual acuity in his right

[[Page 20377]]

eye is 20/80, and in his left eye, 20/20. Following an examination in 
2013, his optometrist noted, ``In my medical opinion, Mr. Blanton has 
sufficient vision to perform the driving tasks sufficient to operate a 
commercial vehicle.'' Mr. Blanton reported that he has driven straight 
trucks for 42 years, accumulating 1.47 million miles, and tractor-
trailer combinations for 42 years, accumulating 5.46 million miles. He 
holds a Class A Commercial Driver's License (CDL) from Ohio. His 
driving record for the last 3 years shows one crash, for which he was 
not cited, and no convictions for a moving violation in a CMV.

Matthew Buersken

    Mr. Buersken, 29, has had refractive amblyopia in his left eye 
since childhood. The visual acuity in his right eye is 20/20, and in 
his left eye, 20/100. Following an examination in 2012, his optometrist 
noted, ``In my opinion, Matt has developed the adaptive visual 
behaviors necessary to drive a commercial vehicle safely.'' Mr. 
Buersken reported that he has driven tractor-trailer combinations for 
2.5 years, accumulating 350,000 miles. He holds a Class A CDL from 
Minnesota. His driving record for the last 3 years shows no crashes and 
one conviction for a moving violation in a CMV in which he exceeded the 
speed limit by 8 mph.

Fred Fricks

    Mr. Fricks, 67, has optic atrophy in his left eye due to a 
traumatic incident 20 years ago. The best corrected visual acuity in 
his right eye is 20/20, and in his left eye, light perception. 
Following an examination in 2012, his optometrist noted, ``It is my 
impression that Mr. Fricks has been light perception vision O.S. for 
many years.* * * It is my impression that Fred Fricks can safely 
operate a commercial vehicle.'' Mr. Fricks reported that he has driven 
straight trucks for 45 years, accumulating 2.7 million miles. He holds 
an operator's license from Pennsylvania. His driving record for the 
last 3 years shows no crashes but one conviction for a moving violation 
in a CMV in which he exceeded the speed limit by 25 mph.

Mark E. Haukom

    Mr. Haukom, 58, has had amblyopia in his left eye since birth. The 
best corrected visual acuity in his right eye is 20/20, and in his left 
eye, 20/150. Following an examination in 2012, his optometrist noted, 
``Also as indicated in my enclosed letter, I feel he has sufficient 
vision to operate a commercial vehicle.'' Mr. Haukom reported that he 
has driven straight trucks for 38 years, accumulating 760,000 miles, 
and tractor-trailer combinations for 38 years, accumulating 152,000 
miles. He holds an operator's license from Minnesota. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Wesley D. Hogue

    Mr. Hogue, 45, has had refractive amblyopia in his right eye since 
childhood. The best corrected visual acuity in his right eye is 20/70, 
and in his left eye, 20/15. Following an examination in 2012, his 
optometrist noted, ``The patient has passed all necessary tests to my 
satisfaction. In my professional opinion, I feel like this patient is 
visually able to drive a commercial motor vehicle.'' Mr. Hogue reported 
that he has driven straight trucks for 10 years, accumulating 200,000 
miles, and tractor-trailer combinations for 4.5 years, accumulating 
1,350 miles. He holds a Class A CDL from Arkansas. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Anthony Lang

    Mr. Lang, 45, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20, and in his 
left eye, 20/50. Following an examination in 2012, his optometrist 
noted, ``In my opinion, Anthony has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle without 
spectacle correction.'' Mr. Lang reported that he has driven straight 
trucks for 27 years, accumulating 405,000 miles. He holds a Class A CDL 
from New Hampshire. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Jason Laub

    Mr. Laub, 37, has had amblyopia in his right eye since birth. The 
best corrected visual acuity in his right eye is 20/50, and in his left 
eye, 20/25. Following an examination in 2012, his ophthalmologist 
noted, ``Mr. Laub has sufficient vision to perform the driving tasks 
required to operate a commercial vehicle.'' Mr. Laub reported that he 
has driven tractor-trailer combinations for 12 years, accumulating 
900,000 miles. He holds a Class A CDL from Ohio. His driving record for 
the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Edward Lavin

    Mr. Lavin, 49, has had a macular scar in his left eye since birth. 
The best corrected visual acuity in his right eye is 20/20, and in his 
left eye, hand motion. Following an examination in 2012, his 
optometrist noted, ``I found scarring in the macula of the left eye. * 
* * It is my understanding the Mr. Lavin has been successfully driving 
a commercial vehicle for 15 years and I see no medical reason in my 
opinion to prevent him from continuing his career.'' Mr. Lavin reported 
that he has driven straight trucks for 14 years, accumulating 420,000 
miles. He holds an operator's license from Connecticut. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Wayne Litwiller

    Mr. Litwiller, 65, has had refractive amblyopia in his left eye 
since birth. The best corrected visual acuity in his right eye is 20/
20, and in his left eye, 20/200. Following an examination in 2013, his 
ophthalmologist noted, ``It is my opinion that Mr. Litwiller has 
sufficient visual acuity, color vision, and visual field to safely 
operate a commercial vehicle.'' Mr. Litwiller reported that he has 
driven straight trucks for 40 years, accumulating 500,000 miles, and 
tractor-trailer combinations for 5, accumulating 125,000 miles. He 
holds an operator's license from Illinois. His driving record for the 
last 3 years shows no crashes and no convictions for moving violations 
in a CMV.

Edward Matiukas

    Mr. Matiukas, 51, has had chorioretinal scarring in his right eye 
since childhood. The best corrected visual acuity in his right eye is 
20/200, and in his left eye, hand 20/20. Following an examination in 
2012, his optometrist noted, ``In my medical opinion Mr. Matiukas has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. Matiukas reported that he has driven straight 
trucks for 30 years, accumulating 172,500 miles, and tractor-trailer 
combinations for 6 months, accumulating 1000 miles. He holds an 
operator's license from Maryland. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Luther McKinney

    Mr. McKinney, 57, has had amblyopia scarring in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20, 
and in his left eye,

[[Page 20378]]

hand 20/200. Following an examination in 2013, his ophthalmologist 
noted, ``Based on my evaluation here in this office, I feel that I can 
certify that in my medical opinion, the patient has sufficient vision 
to perform the driving tasks that are required to operate a commercial 
vehicle, especially since he has been doing so safely for over 30 
years.'' Mr. McKinney reported that he has driven tractor-trailer 
combinations for 32 years, accumulating 3.2 million miles. He holds a 
Class A CDL from Virginia. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Steven J. McLain

    Mr. McLain, 40, has had a central macular scar in his right eye 
since childhood. The best corrected visual acuity in his right eye is 
hand motion, and in his left eye, 20/20. Following an examination in 
2013, his optometrist noted, ``I certify in my medical opinion, he has 
sufficient vision to perform the driving tasks required to operate a 
commercial vehicle.'' Mr. McLain reported that he has driven straight 
trucks for 19 years, accumulating 380,000 miles, and tractor-trailer 
combinations for 19, accumulating 570,000 miles. He holds Class A CDL 
from Tennessee. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Enes Milanovic

    Mr. Milanovic, 41, has had aphakia in his right eye since 1993. The 
best corrected visual acuity in his right eye is count fingers, and in 
his left eye, 20/20. Following an examination in 2012, his 
ophthalmologist noted, ``Stable condition, no treatment necessary at 
this time. Estermann Visual field discussed, normal results. No 
contradiction to operating commercial vehicles.'' Mr. Milanovic 
reported that he has driven straight trucks for 9 years, accumulating 
990,000 miles. He holds a Class CA CDL from Michigan. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

James McClure

    Mr. McClure, 63, has had a retinal scar in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20, 
and in his left eye, 20/200. Following an examination in 2013, his 
optometrist noted, ``In my medical opinion, Mr. McClure has sufficient 
vision to perform the driving tasks required to operate a commercial 
vehicle.'' Mr. McClure reported that he has driven straight trucks for 
15 years, accumulating 750,000 miles, and tractor-trailer combinations 
for 28, accumulating 2.35 million miles. He holds a Class A CDL from 
North Carolina. His driving record for the last 3 years shows no 
crashes and no convictions for moving violations in a CMV.

Donie Rhoads

    Mr. Rhoads, 59, has aphakia and glaucoma in his left eye due to a 
traumatic incident 40 years ago. The best corrected visual acuity in 
his right eye is 20/20, and in his left eye, 20/400. Following an 
examination in 2012, his ophthalmologist noted, ``I believe Mr. Rhoads 
has been performing his commercial driving visual functions without 
incident. If that is the case, and given that he hasn't had a change in 
his visual function, I think he has sufficient vision to perform the 
tasks required to operate the commercial vehicle he has been 
operating.'' Mr. Rhoads reported that he has driven straight trucks for 
38 years, accumulating 1.5 million miles, and tractor-trailer 
combinations for 38, accumulating 1.9 million miles. He holds an 
operator's license from Montana. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Alfred J. Riesselman

    Mr. Riesselman, 70, has had open angle glaucoma and a failed cornea 
transplant in his left eye for 20 years. The best corrected visual 
acuity in his right eye is 20/20, and in his left eye, no light 
perception. Following an examination in 2012, his optometrist noted, 
``He became blind in the left eye 20 years ago and the right eye will 
never be affected. His right eye compensates well for the left eye and 
he will be safe to operate a commercial vehicle.'' Mr. Riesselman 
reported that he has driven tractor-trailer combinations for 49 years, 
accumulating 6.1 million miles. He holds an Class A CDL from Minnesota. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Leo D. Roy

    Mr. Roy, 56, has had a history of metallic intraocular foreign body 
with subsequent pars plana vitrectomy with foreign body extraction, 
endolaser photocoagulation, cryotherapy, and cataract extraction with 
IOL implant in the right eye since 1994. The best corrected visual 
acuity in his right eye is 20/200, and in his left eye, 20/20. 
Following an examination in 2013, his optometrist noted, ``I do feel 
that he is visually capable of performing driving tasks required to 
operate a commercial vehicle.'' Mr. Roy reported that he has driven 
straight trucks for 10 years, accumulating 375,000 miles. He holds a 
Class B CDL from New Hampshire. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Steven Schaumberg

    Mr. Schaumberg, 55, has had amblyopia in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20, 
and in his left eye, 20/300. Following an examination in 2012, his 
ophthalmologist noted, ``He has sufficient vision in his right eye to 
drive a commercial vehicle.'' Mr. Schaumberg reported that he has 
driven straight trucks for 25 years, accumulating 3,750 miles, and 
tractor-trailer combinations for 25, accumulating 3,750 miles. He holds 
a Class A CDL from New Jersey. His driving record for the last 3 years 
shows no crashes and no convictions for moving violations in a CMV.

Gregory C. Simmons

    Mr. Simmons, 55, has had advanced glaucoma in his left eye since 
2000. The best corrected visual acuity in his right eye is 20/20, and 
in his left eye, hand motion. Following an examination in 2012, his 
ophthalmologist noted, ``In my opinion Mr. Simmons has sufficient 
vision to continue his duties as a commercial driver.'' Mr. Simmons 
reported that he has driven straight trucks for 14 months, accumulating 
6,500 miles, and tractor-trailer combinations for 27, accumulating 
675,000 miles. He holds a Class A CDL from Maryland. His driving record 
for the last 3 years shows no crashes and no convictions for moving 
violations in a CMV.

Merreo A. Stewart

    Mr. Stewart, 56, has had optic neuritis in his right eye since 
2006. The best corrected visual acuity in his right eye is 20/400, and 
in his left eye, 20/20. Following an examination in 2013, his 
optometrist noted, ``Mr. Stewart has a history of an inflammatory event 
called optic neuritis in April 2006 which rendered his vision in his 
right eye significantly diminished.* * * In my medical opinion, I see 
no reason that Mr. Stewart would suffer from any significant 
difficulties with driving his commercial vehicle safely.'' Mr. Stewart 
reported that he has driven straight trucks for 3 years, accumulating 
600,000 miles, and tractor-trailer combinations for 35, accumulating 4 
million miles. He holds a Class A CDL from Minnesota.

[[Page 20379]]

His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Jeffrey P. Streech

    Mr. Streech, 52, has had a corneal scar in his right eye since 
1978. The best corrected visual acuity in his right eye is 20/50, and 
in his left eye, hand 20/20. Following an examination in 2012, his 
ophthalmologist noted, ``Based in the findings described herein, in my 
medical opinion, the patient does have sufficient vision to operate a 
commercial vehicle.'' Mr. Streech reported that he has driven straight 
trucks for 6 years, accumulating 246,000 miles. He holds a Class B CDL 
from Minnesota. His driving record for the last 3 years shows no 
crashes but one conviction for a moving violation in a CMV; he exceeded 
the speed limit by 10 mph.

James B. Taflinger, Sr.

    Mr. Talfinger, 53, has had amblyopia in his left eye since 
childhood. The best corrected visual acuity in his right eye is 20/20, 
and in his left eye, 20/70. Following an examination in 2012, his 
optometrist noted, ``Mr. Taflinger was examined in this office on May 
29, 2012, with a follow-up visual field analysis on June 14, 2012 * * * 
Mr. Taflinger has had a long history of operating a commercial vehicle 
without any significant incident reported to me in his medical history. 
I recommend that he be allowed to continue his same occupation of 
operating a commercial vehicle.'' Mr. Taflinger reported that he has 
driven straight trucks for 9 years, accumulating 562,500 miles, and 
tractor-trailer combinations for 6, accumulating 435,000 miles. He 
holds a Class A CDL from Virginia. His driving record for the last 3 
years shows no crashes and no convictions for moving violations in a 
CMV.

Ronald W. Thompson

    Mr. Thompson, 59, has had loss of central vision in his left eye 
since 1999. The best corrected visual acuity in his right eye is 20/20, 
and in his left eye, 20/100. Following an examination in 2012, his 
optometrist noted, ``I certify that in my opinion, Ron Thompson has 
sufficient vision to operate a commercial vehicle.'' Mr. Thompson 
reported that he has driven straight trucks for 40 years, accumulating 
2 million miles, and tractor-trailer combinations for 20, accumulating 
600,000 miles. He holds a Class A CDL from Wisconsin. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Jeffrey M. Thorpe

    Mr. Thorpe, 54, has had amblyopia in his left eye since childhood. 
The best corrected visual acuity in his right eye is 20/20, and in his 
left eye, 20/50. Following an examination in 2012, his optometrist 
noted, ``In my opinion, Mr. Thorpe has sufficient vision to perform the 
driving tasks required to operate a commercial motor vehicle.'' Mr. 
Thorpe reported that he has driven straight trucks for 30 years, 
accumulating 45,000 miles. He holds a Class B CDL from Wisconsin. His 
driving record for the last 3 years shows no crashes and no convictions 
for moving violations in a CMV.

Walter S. Vollmer

    Mr. Vollmer, 53, has had refractive amblyopia in his right eye 
since birth. The best corrected visual acuity in his right eye is 20/
60, and in his left eye, 20/20. Following an examination in 2012, his 
optometrist noted, ``Through in office testing, I believe that 
currently Walter possesses sufficient vision to operate a commercial 
vehicle.'' Mr. Vollmer reported that he has driven straight trucks for 
35 years, accumulating 525,000 miles, and tractor-trailer combinations 
for 35, accumulating 262,500 miles. He holds a Class A CDL from Idaho. 
His driving record for the last 3 years shows no crashes and no 
convictions for moving violations in a CMV.

Roy J. Ware

    Mr. Ware, 53, has had corneal scarring in his right eye due to a 
traumatic incident at age 10. The best corrected visual acuity in his 
right eye is hand motion, and in his left eye, 20/20. Following an 
examination in 2013, his ophthalmologist noted, ``In summary Mr. Ware 
has hand motion only vision in his right eye from a childhood injury 
which is permanent and stable. His left eye is normal with 20/20 vision 
and in my medical opinion he has sufficient vision to perform the 
driving tasks required to operate a commercial vehicle.'' Mr. Ware 
reported that he has driven straight trucks for 29 years, accumulating 
870,000 miles. He holds an operator's license from Georgia. His driving 
record for the last 3 years shows no crashes and no convictions for 
moving violations in a CMV.

Paul Williams

    Mr. Williams, 49, has had a corneal scar in his right eye since 
childhood. The best corrected visual acuity in his right eye is light 
perception, and in his left eye, 20/20. Following an examination in 
2012, his optometrist noted, ``This patient has sufficient vision to 
perform the task at operating a commercial vehicle.'' Mr. Williams 
reported that he has driven straight trucks for 26 years, accumulating 
1.4 million miles. He holds a Class B CDL from New York. His driving 
record for the last 3 years shows no crashes and one conviction for a 
moving violation in a CMV; he was using a mobile phone while operating 
a CMV.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. The Agency will consider all comments 
received before the close of business May 6, 2013. Comments will be 
available for examination in the docket at the location listed under 
the ADDRESSES section of this notice. The Agency will file comments 
received after the comment closing date in the public docket, and will 
consider them to the extent practicable.
    In addition to late comments, FMCSA will also continue to file, in 
the public docket, relevant information that becomes available after 
the comment closing date. Interested persons should monitor the public 
docket for new material.

    Issued on: March 26, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-07864 Filed 4-3-13; 8:45 am]
BILLING CODE 4910-EX-P